If you or a loved one is a noncitizen facing criminal charges in Georgia, the stakes are higher than just fines, probation, or jail time. A criminal conviction can trigger severe immigration consequences, including deportation, mandatory detention, or a lifetime ban from returning to the United States. As a Georgia criminal defense attorney, I understand the critical need to navigate these cases with an eye toward minimizing immigration fallout. Below, I’ll break down key immigration consequences of certain Georgia offenses and share strategies to protect your future, drawing on insights from the Defending Immigrants Partnership by Sejal Zota and Dan Kesselbrenner.

Why Immigration Consequences Matter

In the landmark case Padilla v. Kentucky 558 U.S. 356 (2010), the U.S. Supreme Court ruled that defense attorneys must provide accurate advice about the immigration consequences of a plea. Failing to do so is constitutionally deficient. This means that as your attorney, I have a duty to analyze your immigration status, criminal history, and the specific consequences of any plea to ensure you make informed decisions. The immigration system is complex, and even minor convictions can have life-altering effects for noncitizens, including lawful permanent residents.

Key Immigration Consequences in Georgia

Certain Georgia offenses carry significant immigration risks, such as being classified as an Aggravated Felony (under Federal Immigration law), a CRIME INVOLVING MORAL TURPITUDE (under Federal Immigration law), or another ground of deportability. Some offenses that are not felonies under state law are deemed felonies under Federal Immigration law.  Here’s a look at some common offenses and their potential consequences:

1. Crimes Against the Person

• Murder (O.C.G.A. § 16-5-1): Always an aggravated felony and CRIME INVOLVING MORAL TURPITUDE, leading to near-certain deportation and a lifetime ban from the U.S.
• Aggravated Assault (O.C.G.A. § 16-5-21): Likely an AGGRAVATED FELONY if the sentence is one year or more (even if suspended) and probably a CRIME INVOLVING MORAL TURPITUDE. If the victim is a family member, it may also be a “crime of domestic violence,” another deportable offense.
• Simple Assault (O.C.G.A. § 16-5-20): Subsection (a)(1) is probably a CRIME INVOLVING MORAL TURPITUDE and may be an AGGRAVATED FELONY if the sentence is one year or more. Pleading to disorderly conduct (O.C.G.A. § 16-11-39) can avoid these consequences.
• Family Violence Battery (O.C.G.A. §§ 16-5-23(f), 16-5-23.1(f)): Likely a deportable “crime of domestic violence.” Subsection (a)(1) may avoid CRIME INVOLVING MORAL TURPITUDE status, and keeping sentences under one year is critical.

Strategy: For assault or battery charges, I work to plead to safer alternatives like disorderly conduct or specific subsections that avoid CRIME INVOLVING MORAL TURPITUDE or AGGRAVATED FELONY classification. I also ensure sentences are under one year and request judges strike references to jail time on sentencing forms when probation is imposed.

2. Property and Theft Crimes

• Burglary (O.C.G.A. § 16-7-1): An AGGRAVATED FELONY if it involves breaking into a building and carries a sentence of one year or more. It’s a CRIME INVOLVING MORAL TURPITUDE if the record shows intent to commit theft. Pleading to criminal trespass (subsection (b)) can avoid these risks.
• Theft by Taking (O.C.G.A. § 16-8-2): An AGGRAVATED FELONY if the sentence is one year or more and a CRIME INVOLVING MORAL TURPITUDE if the record shows intent for a permanent taking. Pleading to a temporary taking can avoid CRIME INVOLVING MORAL TURPITUDE status.
• Theft by Shoplifting (O.C.G.A. § 16-8-14): An AGGRAVATED FELONY if the plea involves “intent to deprive” and the sentence is one year or more. Pleading to “intent to appropriate” avoids AGGRAVATED FELONY status.

Strategy: I aim to negotiate pleas to non-CRIME INVOLVING MORAL TURPITUDE offenses or ensure the record reflects intent that avoids moral turpitude. Keeping sentences under one year is a priority, and I explore pleas to criminal trespass or other lesser offenses.

3. Controlled Substance Offenses

• Possession of a Controlled Substance (O.C.G.A. § 16-13-30(a)): Not an AGGRAVATED FELONY for a first offense (unless the drug is flunitrazepam), but it’s a deportable controlled substance offense. Keeping the drug’s identity out of the record can help.
• Possession of Marijuana (O.C.G.A. § 16-13-30(j)): Deportable unless it’s a first offense involving 30 grams or less. Establishing the amount in the plea colloquy is crucial.
• Manufacture/Distribution of a Controlled Substance (O.C.G.A. § 16-13-30(b)): Likely an AGGRAVATED FELONY (drug trafficking) and CRIME INVOLVING MORAL TURPITUDE. Pleading to simple possession or “administering” (not trafficking) can reduce risks.

Strategy: For drug charges, I focus on avoiding convictions where possible, reducing charges to possession, or ensuring the record omits details that trigger deportability. For marijuana, I work to document quantities under 30 grams.

4. Public Order and Safety

• Obstruction (O.C.G.A. § 16-10-24): Possibly an AGGRAVATED FELONY if the sentence is one year or more. Pleading to “hinders” under subsection (a) may be safer.
• Disorderly Conduct (O.C.G.A. § 16-11-39) and affray (O.C.G.A. § 16-11-32): Neither is an AGGRAVATED FELONY nor CRIME INVOLVING MORAL TURPITUDE, making them safer plea options.
• Carrying a Concealed Weapon (O.C.G.A. § 16-11-126): Possibly an AGGRAVATED FELONY if the sentence is one year or more and a deportable firearm offense if the record shows the weapon was a gun.

Strategy: I prioritize pleas to disorderly conduct or affray to avoid immigration consequences. For weapon charges, I ensure the record avoids specifying a firearm and keep sentences under one year.

5. Motor Vehicle Offenses

• Driving Under the Influence (Alcohol) (O.C.G.A. § 40-6-391): Not an AGGRAVATED FELONY, CRIME INVOLVING MORAL TURPITUDE, or deportable offense, but avoid pleading to DUI and a suspended license simultaneously.
• Driving Under the Influence (Drugs) (O.C.G.A. § 40-6-391): Deportable as a controlled substance offense if the record identifies a drug.

Strategy: For DUI charges, I ensure the record avoids drug references and separate DUI from license-related pleas to minimize risks.

Key Defense Strategies to Protect Noncitizens

To safeguard your immigration status, I employ these tailored strategies:

• Avoid Aggravated Felonies: AGGRAVATED FELONY convictions (e.g., murder, rape, drug trafficking) eliminate most defenses to deportation and trigger mandatory detention. I negotiate pleas to non-AGGRAVATED FELONY offenses or ensure sentences are under one year.
• Minimize CRIME INVOLVING MORAL TURPITUDE Risks: CRIME INVOLVING MORAL TURPITUDEs can lead to deportability or inadmissibility. I plead to specific subsections or offenses (e.g., disorderly conduct, temporary taking) that avoid moral turpitude.
• Keep Sentences Under One Year: For offenses like theft or assault, a sentence of one year or more (even if suspended) can turn a conviction into an AGGRAVATED FELONY. I advocate for probation or sentences just under 12 months and request judges strike jail references.
• Craft the Record Carefully: Immigration authorities often rely on the record of conviction. I ensure plea colloquies and records omit details (e.g., drug type, victim relationship, intent to permanently take) that trigger deportability.
• Explore Diversion Programs: Pre-trial diversion or drug diversion programs, where no guilty plea is entered, are not convictions for immigration purposes and can avoid consequences altogether.

Why Choose George Creal?

Navigating the intersection of Georgia criminal law and immigration consequences requires precision and expertise. As an experienced criminal defense attorney, I understand the nuances of Georgia statutes and federal immigration law. My approach is individualized, starting with a thorough assessment of your immigration status and the specific charges you face. I work tirelessly to negotiate pleas that protect your ability to remain in the U.S., whether by avoiding convictions, reducing charges, or crafting records that minimize immigration risks.

Contact Us Today

If you’re a noncitizen facing criminal charges in Georgia, don’t leave your future to chance. Contact my office today for a consultation. Together, we can build a defense strategy that not only addresses your criminal case but also safeguards your immigration status. Call 404-333-0706 or visit www.georgecreal.com to schedule an appointment.

Disclaimer: Immigration law is complex and constantly evolving. Our firm focuses on criminal law and we always recommend hiring an immigration lawyer as well to work with our firm. This post is a starting point, not a substitute for legal advice. For a detailed analysis tailored to your case, consult an experienced attorney.

About George Creal

George Creal is a dedicated Georgia criminal defense attorney with a proven track record of defending clients against charges while protecting their immigration status. With a deep understanding of both criminal and immigration law, he provides compassionate, strategic representation to achieve the best possible outcomes.

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